14th December, 2011
Recently, the United Kingdom released the draft of the proposed legislation on ‘Patent box’ – a scheme of tax incentives to corporates to domicile in UK and exploit their patents in UK. The objective is to encourage setting up of manufacturing facilities in UK and creation of jobs. Set to come into effect in 2013 on passage, the Bill provides for taxation of profits attr...

24th November, 2011
Malaysia is seriously considering introduction of a framework for IP valuation so that they can be offered as collaterals. Recent valuations like Nortel or Kodak or building up a patent treasure chest as it has come to be called have put the spotlight on IP valuation.
The Multimedia Development Corporation (MDeC) and Intellectual Property Corporation of Malaysia (MyIPO...

24th November, 2011
Least Developed Countries will get more time to protect intellectual property as per latest developments in the World Trade Organisation. The TRIPS (intellectual property) Council of WTO Members has reached a consensus agreement on the draft decision which is expected to be adopted in the Ministerial Conference in Geneva in December, 2011.
The original 2005 deadline for ...

DIPP has proposed to implement the Utility Model patents or ‘petty patents’ for those innovations which do not meet the standards under the Patents Act but can be commercially or socially relevant. Products like mitti cool(Clay refrigerators) and gas switch may get patents if the proposal gets legal status. However Pharma sector opposes the move stating that it would affect the impact of patent...

The Ganga Ilish popularly known as Hilsa fish is set to get GI status. Tthe Government of Bengal hopes that that this will help in better regulation and save the fish from extinction. Darjeeling Tea from Bengal already enjoys GI status...

1st - 4th April, 2012, Auckland, New Zealand
The Licensing Executives Society International (LESI) is organising the 2012 International Delegates Meeting and Annual Conference in Auckland, New Zealand from 1st April to 4th April 2012. The theme of this year’s conference is ‘Commercialising innovation to save the world’.
In the session on Health and Life Sciences on 4th April, 2012, Mr. V...

5-8th January, 2012, New Delhi
The Global IP Convention, 2012 will be held in New Delhi on 5-8th January, 2012. The theme of this year’s meet is ‘Innovation, Technology Transfer & IP Commercialisation’.
The Conference will address issues relating to the interface of intellectual property in every aspect as a global forum to discuss issues and solutions to some of the major challenges rela...

By Konpal Rae & Sunil Tyagi
Scope of protection of design registration
The aesthetics of any article or product of manufacture are protected and registered in India under the Designs Act, 2000 (“the Act” for short) and Designs Rules, 2001, as amended in 2008. A “Design,” according to Section 2 (d) of the Act, is defined as features of shape, configuration, pattern, ornament or compos...

By Sudarshan S. Shekhawat
Generally speaking, all enabling publications before the priority date of claims of patents shall be anticipatory. Section 13(2) of the Indian Patents Act, 1970 (hereinafter ‘the Act’)(see end note 1), considers all such documents relevant for anticipation. However, there are exceptions to the above rule. Many jurisdictions provide that disclosures/publication wit...

By Adarsh Ramanujan & Umang Srivastava
The US Supreme Court decision in the Bilski case is often considered as both path-breaking as well as incomplete – path-breaking in that it ruled against the exclusivity of the Machine or Transformation test (hereinafter MOT) in applying 35 USC 101 and incomplete in that it failed to provide any consolidated test. Some consider that this decision has on...

By Adarsh Ramanujan and R. Subhashree
A creative mind may say that a rose called by any other name would smell as sweet and a name has nothing to it. The Trademarks Act, 1999, however, envisages the opposite and our experience with brand names and market shares show that a name has quite a bit to it. It provides for registration of trademarks - a mark capable of being represented graphicall...